Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 6

SunTrust, which provides banking and banking-related services, managed the installation of business software for Premium Assignment Corporation (PAC). PAC provides various services to the insurance industry, including financing services for insurance premiums. Evolution, a business software developer, owned the copyright to the software installed by SunTrust. After PAC experienced repeated problems with the Evolution software, SunTrust utilized certain elements from the software's source code to develop and carry out certain functions the original software was designed to perform. Evolution then complained that SunTrust's use of the source code infringed Evolution's trademark. Is Evolution correct? Explain.